Oireachtas Joint and Select Committees
Tuesday, 22 October 2024
Joint Oireachtas Committee on Housing, Planning and Local Government
Constitutional Referendum on Right to Housing: Discussion
3:00 pm
Mr. Michael O'Flynn:
I was thinking about what Deputy Buckley said. The majority report places enforceable obligations on the State to make and implement policy which vindicates the right of an individual that comes before the court. I am very interested in the declaratory order and the suggestion there is no compensation. I can assure the committee that is not what we discussed in our minority work group. The minority report places an enforceable obligation on the State to make and implement policy which works for everyone and I think that is where Deputy Buckley is coming from. That is the core and fundamental issue here and the difference between the minority and majority situation. We want to resolve the housing crisis for all, not just individual cases.
It is the responsibility of the Government, the Deputies and the Senators here to be proactive in a situation where there is a crisis like this. Whereas, if we rely on the courts, that is reactive rather than proactive. That cannot be what we need. I am a bit thrown by the declaratory order without compensation that has been mentioned because that is not what we were advised. I know Dr. Lyons just made a point there because of what has been said that there may not be a lot of difference between us but we need to think about the bigger picture here and not solve a perception that is not necessary. I have heard some very good legal minds outline it and explain it. That is why we set up the work group.